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  • Updated
    12
    Jun
    2013
    9:29pm, EDT

    In Zimmerman jury selection, notoriety of case is key concern

    By James Novogrod, Tom Winter, Tracy Connor, NBC News

    The dilemma confronting lawyers trying to pick a jury in the George Zimmerman trial was summed up neatly by a member of the pool on the second day of the selection process.

    “Unless you’ve been living under a rock for the last year, it’s been pretty hard for people not to have gotten a lot of information,” the woman said after being quizzed on what she knew about Zimmerman, Trayvon Martin and their deadly Feb. 2012 confrontation.

    Defense lawyer Don West agreed.

    “You’ve shown remarkable insight into our very problem,” he said.

    The prosecution and defense need to find six jurors, plus alternates, who say they can hear evidence with an open mind despite what they may have heard about the neighborhood watch volunteer or the unarmed 17-year-old he says he shot in self-defense. Zimmerman, 29, has pleaded not guilty to second-degree murder.

    On the third day of jury selection in a Florida courthouse, Martin’s family praised those who had been summoned for the trial.

    “We are inspired by the honesty of the potential jurors,” they said in a statement. “Their answers have been forthright and we have faith that the justice system and the members of the public who are selected for the jury will perform their civic duty in a fair and impartial manner.”

    During the questioning, potential jurors have revealed a range of familiarity with a case that dominated headlines, sparked protests and stirred debate about race and guns.

    A college student who said she doesn’t watch television news or read a newspaper gleaned her knowledge of Zimmerman and Martin mainly through friends’ Facebook status updates. Her takeaway: “An African American was wearing a hoodie or something like that."

    A mother of three told defense lawyers she first heard of the case when her pastor led the congregation in prayers for Martin and Zimmerman and had not heard much about it since because she doesn’t have cable TV or Internet service.

    Others had found it impossible to avoid discussion of the case.

    A former financial services worker estimated she had seen 200 news reports, including headlines about a preliminary hearing on technical analysis of 911 calls last week. She called the shooting “a very unfortunate incident” and said she used it to talk to her sons about the dangers of going out at night.

    A mother of two college-age boys recalled that her sons had discussed the case and “made fun of the fact of the Skittles” -- a reference to the bag of candy Martin bought at a convenience store before he crossed paths with Zimmerman.

    Many of the jurors said that regardless of their exposure to the details, they could keep an open mind.

    A woman who lives near the Sanford, Fla., housing complex where Martin was shot said friends had invited her to protests and a majority of them were sympathetic to the prosecution’s version of events.

    Nevertheless, she had no doubt she could be impartial until deliberations began.

    "You can't speculate without having a trial," she said.

    Some were more opinionated, like a man who told the court he had not made up his mind but went on to say that “murder is murder.”

    “Even in self-defense, it’s still murder,” he said.

    He was dismissed for cause.

    The first three days of jury selection have been focused on potential jurors’ pre-trial publicity awareness. Once the defense and prosecutors have a group of 30 who have not been dismissed for cause, they will begin a new round of questioning.

    Each side has 10 peremptory challenges they can exercise to boot a juror without giving a reason. The process is expected to last through next week.

    Editor’s Note: Zimmerman has sued NBCUniversal for defamation in civil court, and the company has strongly denied his allegations.

    This story was originally published on Wed Jun 12, 2013 5:17 PM EDT

    392 comments

    I have no idea of exactly how or why this tragic killing occurred but I have no doubt that whenever an armed person kills an unarmed person a serious investigation ought to take place. A trial is where such an investigation is likely to end up when there is any question of appropriateness of the kil …

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  • 5
    Jun
    2013
    1:47pm, EDT

    Who's who in the George Zimmerman trial

    By Tracy Connor and Erin McClam, NBC News

    More than a year after the killing of Trayvon Martin touched off a national furor over race, guns and Florida’s expansive self-defense laws, the man who shot him to death is going to trial.

    George Zimmerman, of white and Hispanic descent, claims Martin attacked him and that he acted in self-defense. 

    Courtesy of Sybrina Fulton

    Trayvon Martin in an undated family photo.

    Zimmerman has pleaded not guilty to second-degree murder. The trial, which begins Monday with jury selection, is expected to last more than a month.

    Here’s a look at the key figures in the trial.

    Trayvon Martin: The 17-year-old was walking back from a convenience store on the night of Feb. 26, 2012, wearing a hooded sweatshirt and carrying an iced tea and Skittles, when he became involved in an altercation with Zimmerman. Martin was killed with a single gunshot inside a gated community where his father’s girlfriend lived. Tall and lanky, a lover of sports and music, he was described by his family as quiet and respectful and by former teachers as creative and curious. Defense lawyers have offered a less flattering portrayal, releasing text messages in which Martin expressed interest in guns and discussed marijuana and being suspended from school.

    Pool / Pool / Reuters

    George Zimmerman is charged with second-degree murder in the death of Trayvon Martin.

     

    George Zimmerman: The former neighborhood watch volunteer dialed 911 frequently to report suspicious activity. He called again the night of Feb. 26 and told the dispatcher: “This guy looks like he’s up to no good, or he’s on drugs or something.” Zimmerman, 29, grew up in northern Virginia and at one time aspired to be a police officer, according to a neighbor there. Court filings have suggested that the prosecution may try to make an issue out of his membership at a Florida martial arts gym.

    Joe Burbank / AP file

    No-nonsense Florida Judge Debra Nelson is presiding over the trial of George Zimmerman in the death of Trayvon Martin.

     

    Judge Debra Nelson: In pretrial hearings, the jurist has shown she runs a tight ship and isn’t afraid to let lawyers know when she thinks they’re out of line. “She’s tough but fair,” said defense lawyer Bryce Fetter, who has gone before her many times. “She’s very, very smart. And she’s the boss.” Nelson, 59, a former prosecutor and civil litigator who has been on the bench for 14 years, is the third judge in the Zimmerman case -- appointed after the defense claimed the previous judge was biased against them.

     

    Red Huber / Orlando Sentinel file

    Chris Serino, right, was the lead investigator for the Sanford Police Department.

    Chris Serino: He led the Sanford Police Department’s initial investigation into the shooting and his conflicting statements about the probe have drawn scrutiny. Serino authored a report that first recommended Zimmerman be charged with second-degree murder and was later revised to say manslaughter, court documents show. Last summer, Serino moved from his job as a detective to an overnight patrol shift at his request, a Sanford police spokesman said. He’s also hired a private attorney, Jose Baez, best known for representing Casey Anthony.

     

    John Raoux / AP file

    Benjamin Crump is representing Trayvon Martin's family.

    Benjamin Crump: Martin’s family hired the Tallahassee lawyer, who had handled several wrongful death cases against police, two days after the teen was killed. He’s been front and center ever since and is credited with helping to transform Martin’s death into an international cause. The 43-year-old attorney – who “overcame very humble beginnings in North Carolina,” according to his firm's website — also negotiated a settlement with Zimmerman’s homeowners association.

     

    Pool / Getty Images

    Assistant State Attorney Bernie de la Rionda is leading the prosecution of George Zimmerman.

    Bernie de la Rionda: After she was named special prosecutor, State’s Attorney Angela Corey turned to one of her most seasoned assistants to run the Zimmerman case. In nearly 30 years as a prosecutor, the Jacksonville-based de la Rionda has handled more than 250 jury trials and secured the death penalty some two dozen times. The 56-year-old prosecutor – whose parents sent him from Cuba to Florida when he was 4 years old – has not been reluctant to express annoyance or anger during pre-trial hearings. He is being assisted by fellow homicide prosecutor John Guy.

     

    Joe Burbank / Pool via Getty Images file

    Mark O'Mara is representing Zimmerman.

    Mark O’Mara: The veteran defense lawyer was hired just hours before the special prosecutor announced she was filing a second-degree murder charge against Zimmerman, whose previous attorneys withdrew. While this is O'Mara's highest-profile case in 30 years of private practice, he was already well-known in the Orlando area as a television legal analyst during the Casey Anthony trial. The 57-year-old has not shied away from the spotlight – or social media, which he’s used to promote a legal defense fund for his client and press the self-defense claim. His co-counsel is Don West.

    NBC's James Novogrod and Tom Winter contributed to this report.

    Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations.

     

    1074 comments

    He won't get a fair trial. It's already getting one sided.

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  • 28
    Nov
    2012
    3:11pm, EST

    Florida man pleads not guilty to shooting teen to death over loud music

    The mother of teenager shot during argument over loud music called the deadly outburst "unconscionable." WTLV's Heather Crawford reports.

    By Elizabeth Chuck, Staff Writer, NBC News

    A Florida gun collector has pleaded not guilty to a murder charge alleging that he opened fire on a car full of unarmed teenagers, killing one, in an altercation that police say stemmed from loud music.

    Michael David Dunn, 45, acted "as any responsible firearms owner would have," his lawyer said of the Friday evening incident at a gas station outside a convenience store in Jacksonville, Fla.

    Dunn and his girlfriend were in Jacksonville for his son's wedding when they pulled up in their car next to the teens. Police allege that while the girlfriend was in the store, Dunn told Jordan Russell Davis, 17, and his three friends to turn down their music.

    "It was loud," Jacksonville homicide Lt. Rob Schoonover said of the teens' music. "They admitted that. That's not a reason for someone to open fire."


    After an exchange of words, Dunn began shooting with a handgun, Schoonover said.

    "Nobody else in that vehicle was struck; it was just our victim [Davis], which was lucky because the vehicle was shot eight or nine times," Schoonover said.

    Davis was in the back seat and was struck twice, reported The Orlando Sentinel.

    Dunn and his girlfriend drove off and spent the night at their hotel, according to Schoonover, but witnesses took down his license plate number. Police arrested him Saturday morning at his home in Satellite Beach, Fla., on one charge of murder and three charges of attempted murder.

    "His side of the story is he felt threatened and that is the reason he took action," Schoonover said.

    On Monday, Dunn — a gun collector who shot at local gun ranges, according to authorities — pleaded not guilty in Brevard County court, with his attorney describing his actions as self-defense.

    Stay informed with the latest headlines; sign up for our newsletter

    "Once all the facts come out, that what really happened is known, it will be very clear that Mr. Dunn acted responsibly and as any responsible firearms owner would have acted under these same circumstances," said his attorney, Robin Lemonidis, reported FirstCoastNews.com, the website for NBC station WTLV in Jacksonville. 

    Dunn's 20-year-old daughter, Rebecca, told FirstCoastNews.com, "he just reacted," adding that his family was rallying behind him. 

    Jacksonville Sheriff's Office

    Michael Dunn is accused of the shooting death of Jordan Davis.

    "Everyone in his life loves him and everyone who met him, all of my friends are praying for him," she said.

    Dunn, who had been in Brevard County Jail after his arrest, was transferred back to Duval County, where the shooting happened, on Tuesday. His girlfriend won't face any charges.

    "When she came out [of the convenience store], she asked him, 'What's going on?'" Schoonover said. "Supposedly his statement was, 'I just fired at these kids.' I don't know if he knew that he struck anyone in the vehicle. The next morning, I guess when they woke up in the hotel and saw on the news that someone was killed, that's when they got in their car and fled."

    Davis, the victim, lived with his father in Florida, but was to be buried in Georgia — where he was born — on Saturday, reported jacksonville.com.

    Davis' mother, Lucia McBath, who lives outside of Atlanta, asked that her son's death not be thought of as a hate crime.

    Watch US News crime videos on NBCNews.com

    "We don't know where he was or what kind of dark place he was in at that moment, but something snapped in that man. Something snapped in him, so we are not looking at it as the hate crime because that's not going to honor Jordan," McBath told FirstCoastNews.com.

    She said the fact that Dunn drove off after shooting Davis was "unconscionable."


    Follow @NBCNewsUS

    Davis, a high school junior, had just gotten a job at McDonald's, picking up some extra cash after work, his mom said. At Thanksgiving the day before his death, he said he was thankful to God for his family, his mom told FirstCoastNews.com.

    "He was just so excited and happy" for everything in his life, she said. 

    She said the family is starting a foundation in his memory to help at-risk children.

    "It didn't matter to Jordan if you needed the help, you needed the support — he was going to give it to you no matter what side of the tracks you came from. So we feel it's really important to honor that in him," she said.

    Ron Davis, the victim's father, added: "I was looking forward to as a parent to being there when he got married, being there when he found love. All the things that I'm not going to be able to do is what pains me."

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    1699 comments

    Yeah...he was just 'standing his ground'

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  • 9
    May
    2012
    10:42am, EDT

    'Kill-or-be-killed' self-defense guru Tim Larkin banned from UK

    By Ian Johnston, msnbc.com

    LONDON -- An American self-defense expert -- who teaches people how to deal with "kill-or-be-killed" situations -- has been banned from entering Britain. Officials say Tim Larkin's presence "was not conducive to the public good."

    Larkin attempted to board a flight to the U.K. from Las Vegas, but was given a letter from the U.K. Border Agency saying he would not be allowed in, according to BBC News.

     


    "The home secretary [the U.K. government's interior minister] will seek to exclude an individual if she considers that his or her presence in the U.K. is not conducive to the public good," a government spokesperson told the BBC, confirming Larkin was subject to an exclusion order.

    Heathrow chaos: Travelers spend more time in line than in the air

    Larkin, who runs a company called Target Focus Training, previously came to the U.K. in 2009, when he taught a class to teach people how to "maim and kill in self-defense," the BBC reported.

    Trains Navy SEALs
    According to his firm's website, Larkin is "the guy operations like the US Navy SEALs, Army Special Forces and the U.S. Border Patrol call in behind-the-scenes to teach them when it’s 'kill-or-be-killed.' The truth is … your best self defense in a life-or-death confrontation is injuring the other guy. And it’s the one thing that makes us so different."

    Larkin has spoken to government officials and business people in more 40 countries about surviving life-or-death violence, according to the website. He also co-authored a book called How To Survive The Most Critical 5 Seconds Of Your Life and writes an online newsletter, Secrets For Staying Alive When Rules Don’t Apply.

    The U.K.'s Guardian newspaper ran an online poll about the decision to prevent Larkin from coming to Britain. At 10:15 a.m. ET, more than 72 percent of those choosing to vote said he should have not have been banned.


    Follow @msnbc_world

    The BBC said Larkin had been invited to speak at "The Martial Arts Show" conference in Birmingham on May 12 and 13, and to hold a seminar in the Tottenham area of London. Both places experienced rioting during widespread disorder in the U.K. in August last year.

    Riots break out in London after fatal-shooting protest

    Larkin told the BBC that he thought he had been banned for arguing that U.K. law should be changed to allow people to defend themselves without fear of criminal charges being brought against them.

    The riots that left several London neighborhoods burning, caused major property damage and brought hundreds of arrests has given away to a spirit of renewal and civic pride. NBC's Jim Maceda reports.

    "You are sitting in your house and you're being attacked, or you're attacked out in the street... There's an awful lot of martial arts and self-defense being taught there right now that gives no instruction on [how to hurt] the human body," he said.

    The science of the London riots

    "There are those rare, rare black swan occasions -- like the [August] riots -- where law-abiding citizens are put in situations where they are facing grievous bodily harm and they hesitate because they are afraid of being prosecuted. That is a very real thing," he added.

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    Follow us on Twitter: @msnbc_world

     

    206 comments

    To bad, I just read a study the the U. K. is the most violent country in Europe at this time. It is attributed to the government there protecting the criminals and prosecuting the victims. The U. S. is headed that way with the current people in congress, state and federal.

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  • 20
    Mar
    2012
    6:03pm, EDT

    Florida 'Stand Your Ground' law could complicate Trayvon Martin teen shooting case

    Sybrina Fulton and Tracy Martin, the parents of Trayvon Martin, the unarmed Florida teen shot dead by a neighborhood watch volunteer, tell TODAY's Matt Lauer they want justice for their son and want the shooter, George Zimmerman, arrested.

    By msnbc.com staff and news services

    Updated at 7:48 a.m. ET: Florida’s 2005 “Stand Your Ground” law, which says a citizen doesn’t have to retreat before using deadly force against an attacker, could throw a legal wrinkle into the case of a neighborhood watch captain who shot to death an unarmed black teenager.


    Follow @msnbc_us

    Police in the central Florida town of Sanford have said that 28-year-old George Zimmerman says he shot 17-year-old Trayvon Martin in self-defense during a confrontation in a gated community. Police have described Zimmerman as white; his family says he is Hispanic and not racist.

    Police did not arrest Zimmerman after the shooting, but State Attorney Norm Wolfinger announced Tuesday the case will go before a Seminole County grand jury.

     


    Legal experts, gun-rights advocates and gun-control groups contacted by msnbc.com offered varying opinions on whether Zimmerman can avoid criminal charges under Stand Your Ground.

     

    Richard Hornsby, an Orlando-based criminal defense attorney, says he thinks the grand jury is likely to indict Zimmerman for manslaughter, a second-degree felony punishable by up to 15 years in prison. Less likely is a more serious charge of second-degree murder, a crime that implies intent and that is punishable by up to life in prison, he said.

    Trayvon Martin's final phone call -- made to his girlfriend -- is shedding new light on the moments leading up to his deadly confrontation with a neighborhood watch volunteer. NBC's Lilia Luciano reports.

    “This case isn’t even a close call to me. This is a case of a guy trying to be a vigilante,” Hornsby said. “It wasn’t like he was trying to avoid trouble. He brought a firearm to a fistfight.”

    “My gut feeling he will ultimately be charged with some type of manslaughter charge,” agreed Philip Sweeting, retired deputy police chief for the Boca Raton Police Department and a law enforcement consultant who has testified  in court cases as an expert in police shootings and use of force.

    Watch the entire news conference.

    “My gut reaction was this was an accidental discharge,” Sweeting added. “If you put yourself in the shooter’s position and you’re wrestling with this kid and a gun goes off, what are you going to tell the cops?”

    If indicted, Zimmerman can raise the Stand Your Ground defense under the 2005 law signed by Gov. Jeb Bush. That legislation, derisively called the “Shoot First” law by its critics, gives Floridians the right to use deadly force to defend themselves in public places without first trying to escape. The National Rifle Association lobbied hard for the bill, saying it would allow citizens to better protect themselves from violent crime.

    The key section of the law states:

    A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

    Kendall Coffey talks about the legal developments in the Trayvon Martin case and Florida's "Stand Your Ground" law.

    Hornsby says the 2005 bill allows Zimmerman’s lawyers to argue to a judge – before any trial -- that the case should be dismissed on grounds he was permitted to defend himself. If the case isn’t dismissed, they could argue self-defense at trial.

    Daniel Vice, senior attorney with the gun-control group Brady Center to Prevent Gun Violence, contends “Stand Your Ground,” combined with Florida laws allowing people to carry guns in public, have made it difficult to pursue criminal charges against people who shoot others and then say it was self-defense.

    “All you have to say is that you reasonably believed you were threatened, and the only person who can dispute that is the person you have just killed,” Vice says.

    "It's very hard to bring these types of cases because the 'Shoot First' law combined with public carrying of loaded guns protects people who engage someone and shoot to kill."

    According to a 2010 review by the St. Petersburg Times, reports of justifiable homicide tripled after the law went into effect. It has been invoked in at least 93 cases with 65 deaths, used to excuse violence in deadly neighbor arguments, bar fights, road rage and even a gang shootout, the newspaper reported.

    Lawyer: Trayvon Martin fearful in final call

    Trayvon Martin case to go to grand jury

    Gun-rights advocates say the facts to date are scarce and “Stand Your Ground” may or may not apply in this case.

    According to transcripts of the 911 calls, a police dispatcher tells Zimmerman he doesn’t need to follow the teen, but Zimmerman apparently does anyway. So is he or the teen the one who feels threatened?

    The Department of Justice has launched an investigation into the death of the teen shot in the picturesque city of Sanford, Fla. NBC's Ron Allen reports.

    “The question again is whether he (Zimmerman) acted reasonably or not. At this point it doesn’t look good for him, but I don’t know what the heck happened and quite frankly no one else does either,” says Jon H. Gutmacher, an Orlando attorney, NRA-certified instructor and author of "Florida Firearms: Law, Use & Ownership."

    “When you’re talking about law and whether things were legal and illegal, you can’t guess. You’re supposed to react to facts. The facts have been kept from the public and the press.”

    Added Dave Workman, director of communications for the Citizens Committee for the Right to Keep and Bear Arms: “There’s a misunderstanding about what Stand Your Ground laws really do. No Stand Your Ground law translates to a broad permission for the use of lethal force when it’s not warranted.”

    He added: “A lot of people have left the starting gate before they really know what has happened. A rush to judgment is never a good thing.”

    The Associated Press, Reuters and msnbc.com's James Eng contributed to this story.

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    1625 comments

    Nothing I have read indicates that the killer was in any danger. What I have read indicates that 250 pound Zimmerman chased down a young man that weighed 140 pounds. Zimmerman had a gun, the boy had candy. Where is the issue of self-defense in this scenario?

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